Western City November 2012 by Western City Magazine

NOVEMBER 2012 |

The Monthly Magazine of the League of California Cities

San Carlos Uses Innovative Contracting to Maintain Services p.15 New GASB Rules for Reporting Pension Liabilities p.10 Key Legal Considerations for Using Volunteers p.12

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CONTENTS 2 3

Calendar of League Events

Executive Director’s Message

Making Strides on Public Pension Reform

By Eric S. Berman The Governmental Accounting Standards Board’s release of new defined benefit pension standards could not have come at a better time or a worse time, depending on one’s point of view.

By Chris McKenzie The League made pension reform its top strategic priority in 2012 and succeeded in accomplishing this goal as the legislative session concluded.

City Forum

A New Approach to Financing Energy Efficiency

Make Volunteer Programs A Financial Asset, Not a Liability

By John Byrne and Jon Penkower

By Helene Leckman Leichter

A new program gives local governments access to tax-exempt financing for sustainable energy investments and projects.

As cities implement deeper budget cuts, volunteers are performing more physically and intellectually demanding functions.

News from the Institute for Local Government

Resources to Help New Leaders Get Started

Like many California cities, San Carlos has faced some serious budgetary challenges in recent years.

Sustainable Cities

Financing Energy Efficiency: Options and Issues to Consider By Yvonne Hunter Efforts to finance energy-efficiency projects benefit from thinking ahead about the pros and cons of different options.

This Month

California Cities Helen Putnam Award for Excellence

San Carlos Adopts Innovative Contracting Techniques to Maintain Service Levels

Understanding “how to get things done as a newly elected official” is a priority for local officials. New online resources help streamline the process.

GASB’s New Defined Benefit Pension Standards: Sunshine or Rain for Cities?

Job Opportunities

Professional Services Directory Cover Photo: Chang, Hui-Ju/ Shutterstock.com

President Bill Bogaard Mayor Pasadena

1400 K Street Sacramento, CA 95814 (916) 658-8200 Fax (916) 658-8240

First Vice President José Cisneros Treasurer San Francisco

Second Vice President Tony Ferrara Mayor Arroyo Grande

Immediate Past President Michael Kasperzak Mayor Mountain View

Executive Director Chris McKenzie

For a complete list of the League board of directors, visit www.cacities.org/board.

leaguevents

Magazine Staff Editor in Chief Jude Hudson (916) 658-8234 email: editor@westerncity.com

November

Managing Editor Eva Spiegel (916) 658-8228 email: espiegel@cacities.org

13 and 14

Legislative Briefings This briefing focuses on key developments of the 2011–12 legislative session. The briefing will be conducted as an online webinar on Nov. 13 and in-person on Nov. 14 at Riverside City Hall.

Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256 email: maxwellp@cacities.org Administrative Assistant Anita Lopez (916) 658-8223 email: alopez@cacities.org

15 – 16 Board of Directors Meeting, Sacramento The League board reviews, discusses and takes action on a variety of issues affecting cities, including legislation, legal advocacy, education and training, and more.

Contributors Dan Carrigg Dan Harrison Natasha Karl Koreen Kelleher Kyra Ross Perry Stottlemeyer Patrick Whitnell

28 – 29 Municipal Finance Institute, San Jose This conference provides essential information in a new two-day format for city officials and staff involved in fiscal planning for municipalities.

Associate Editors Carol Malinowski Carolyn Walker

28 – 30 City Clerks New Law & Elections Seminar, San Jose This seminar covers laws affecting elections as well as many aspects of the city clerk’s responsibilities.

Design Pat Davis Design Group, Inc. For photo credits, see page 20.

JANUARY 2013

Western City (ISSN 0279-5337) is published monthly by the League of California Cities, 1400 K St., Sacramento, CA 95814. Subscriptions: $39.00/1 year; $63.00/2 years; student: $26.50; foreign: $52.00; single copies: $4.00, including sales tax. Entered as periodical mail January 30, 1930, at the Post Ofﬁce, Los Angeles, CA 90013, under the Act of April 13, 1879. Periodical postage paid at Sacramento, Calif.

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Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2012 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume LXXXVIII, No. 11.

New Mayors and Council Members Academy, Sacramento This vitally important training prepares newly elected officials for the demands of office and introduces them to the legal constraints on city councils.

17 – 18 Policy Committee Meetings, Sacramento The League’s policy committees review issues of interest to cities statewide and make recommendations to the League board of directors.

18 Legal Advocacy Committee Meeting, Sacramento The committee reviews and recommends friend-of-the-court efforts on cases of significant statewide interest to California cities.

30 – February 1 City Managers Department Meeting, San Francisco Geared to the unique needs of city managers, this conference covers issues affecting cities throughout California.

16 – 18

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Executive Director’s Message by Chris McKenzie

Making Strides on Public Pension Reform This month Western City examines issues related to municipal finance. One of the key elements of municipal finance involves the challenge of funding current and future public pension obligations. Because this issue is central to both the fiscal health of cities and their ongoing efforts to promote transparency in government, the League made pension reform its top legislative priority in 2012. We articulated the goal for pension reform as follows: Support Sustainable and Secure Public Employee Pensions and Benefits. Work in partnership with state leaders and other stakeholders to promote sustainable and secure public pensions and other post-employment benefits to help ensure responsive and affordable public services for the people of our state and cities. As the 2011–12 legislative session concluded, we succeeded in accomplishing this goal. To underscore how quickly the dynamic can change inside the state Capitol, it’s worth mentioning that unlike the discussions around eliminating redevelopment, where

we were very much on the outside, with pension reform we were active participants in the policy-making dialogue. We were repeatedly asked to meet with staff from the Governor’s Office and the state Department of Finance in shaping the final bill. We were pleased to play a part in these discussions and, at the same time, we maintained contact with the appropriate legislators and staff. We also had the great help of the Pension Reform Task Force of the League’s City Managers Department and public pension law experts throughout the state, who advise your cities on a regular basis. continued

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Western City, November 2012

Making Strides on Public Pension Reform, continued

We ultimately supported the pension reform package because it: • Substantially moves our reform agenda forward; • Expands the discretion of cities to make pension costs more manageable; • Raises retirement ages; and • Imposes some new restrictions on abuses that everyone agrees need to stop. In the end, the pension reform package significantly improved a system that urgently needed reform. The Legislature passed AB 340 (Furutani), the pension reform package, by a large margin on the last night of the 2011–12 legislative session. Gov. Jerry Brown signed it into law (Chapter 296,

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The pension reform package significantly improved a system that urgently needed reform.

Statutes of 2012) on Sept. 12, 2012. The signing ceremony took place in Los Angeles and included Speaker John Pérez (D-Los Angeles), Senate President Pro Tem Darrell Steinberg (D-Sacramento) and Assembly Member Cameron Smyth (R-Santa Clarita). The California Public Employees’ Retirement System (CalPERS) estimates that the reforms will save between $42 and $55 billion over the next 30 years. The reforms apply to all public employers and pension plans with the exception of the University of California as well as charter cities and charter counties that do not participate in CalPERS or the County Employees Retirement Law of 1937 System (often referred to as the ’37 Act system). Moody’s Investors Service issued a report on Sept. 10, 2012, stating that the reforms would be positive for both the state and local governments that participate in CalPERS. continued

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Western City, November 2012

Making Strides on Public Pension Reform, continued

What the Bill Does

AB 340 takes effect on Jan. 1, 2013, and makes changes to public employee pensions that include: • Establishing a cap on the amount of salary that can be used to calculate retirement benefits; • Raising the retirement age for both public safety and miscellaneous employees;

lic employees convicted of committing a felony in connection with their job; and

“GASB’s New Defined Benefit Pension Standards: Sunshine or Rain for Cities?” on page 10.)

• Eliminating the practice of purchasing “airtime” to increase pension compensation as well as eliminating pension holidays and pension spiking.

In a year that held some bitter disappointments and major fiscal setbacks for cities — most notably the elimination of redevelopment agencies — the passage of AB 340 represents an important step forward in reforming public pensions. Gov. Jerry Brown’s leadership on this matter was critical, and Assembly Speaker John A. Pérez and Senate President Pro Tem Darrell Steinberg deserve recognition and our appreciation for their significant contributions on this policy initiative. While we certainly have had strong disagreements on redevelopment, we worked effectively together to achieve this major milestone that will help make our budgets more fiscally sustainable. n

Pension-Related Challenges Ahead

• Implementing cost sharing; • Using the average of the final three years to calculate final compensation; • Implementing a 180-day “sit-out” period for retired persons before returning to work in the retirement system from which they receive a pension; • Defining “pension compensation”; • Requiring a pension forfeiture for pub-

It’s worth noting that these reforms are being implemented as pension-related issues increasingly gain attention and continue to pose ongoing challenges. For example, the Governmental Accounting Standards Board (GASB) recently released new defined benefit pension standards that will have a significant impact on local governments. For the first time, the net pension liability will be shown on every government’s financial statements. (For more about this topic, see

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A New Approach to Financing Energy Efficiency by John Byrne and Jon Penkower

ity officials and staff know that significant budget savings can be realized from reducing energy consumption. One cost-effective way to reduce energy usage and expense is by replacing less efficient devices and poorly performing buildings with much better, energy-efficient equipment and facilities. The Consortium for Energy Efficiency recently estimated the market potential for profitable energy efficiency to be more than $1 trillion. While evidence of the benefits of efficiency is significant, the nation is spending only about $5 billion per year to realize this $1 trillion opportunity. Recognizing that local agencies in California lack resources to finance energyefficiency retrofits for their buildings, the Foundation for Renewable Energy and Environment (FREE) and the California Statewide Communities Development Authority (CSCDA) have partnered to provide a new financing method that builds on a proven program pioneered in Delaware, where it generated $148 million in savings. (An overview of this tax-exempt bond financing, rated AA+ by Standard & Poor’s, can be found on the Sonoma County Water Agency website at http:// bit.ly/FinanceOverview.) FREE and CSCDA have improved on the Delaware effort and are now inviting cities and counties to join a pooled financing program for energy efficiency. Cities and counties are at the forefront in adopting strategies to invest in energy efficiency in ways that blend economic and environmental sustainability. Their efforts have produced net zero energy and green building codes, solar programs for agency and community buildings, propertyassessed clean energy (PACE) financing and many other innovative initiatives.

Sustainable Energy Bond Programs Help Lower Costs CSCDA and FREE are partnering to provide public agen≠cies and nonprofit organizations throughout California with access to tax-exempt financing for sustainable energy investments. This program offers local agencies a new tool to finance their energy-efficiency projects.

energy-finance-programs. To read about a related topic, see “Financing Energy Efficiency: Options and Issues to Consider” on page 9. n

Under the Sustainable Energy Bond Program, participating entities and organizations will contract with an energy service company (ESCO) to complete energy and water conservation measures. Possible energy-efficiency improvements include (but are not limited to): • Lighting for streets and buildings; • Electric pumps; • Heating, ventilation and air conditioning systems and system controls; • Boilers and chillers; • Ducting; • Windows; • Roofing; and • Toilets. Program participants will realize substantial utility cost savings, and the program includes a performance guarantee to ensure that the project results in savings to cover the cost of all retrofit work. All projects are financed through tax-exempt bonds.

Learn More Together, CSCDA and FREE hope to offer a program that meets the energyefficiency financing needs of California cities and counties. Learn more about the initiative at www.cacommunities.org/

John Byrne is co-founder and chairman of the board for the Foundation for Renewable Energy and Environment (http://freefutures.org) and can be reached at jb@freefutures.org. Jon Penkower is program manager for the California Statewide Communities Development Authority (www.cacommunities.org) and can be reached at jpenkower@cacommunities.org.

www.westerncity.com

Western City, November 2012

News from the Institute for Local Government

Resources to Help New Leaders Get Started Those new to public service are eager to do a good job and get comfortable in that role as quickly as possible. Local agency staff can assist by providing orientation sessions, briefings and tours. To help make this process easier, the Institute for Local Government (ILG) has created a section on its website (www. ca-ilg.org/new-local-public-service) with materials for newly elected officials. These resources can be shared by forwarding the link, and a web page (www.ca-ilg. org/newly-elected-officials-orientationmaterials) offers essential resources in one place. Staff can download these items to use in orientation manuals for newly elected officials. ILG’s Resources for Local Newly Electeds web page covers: • Budgeting and finance; • Land use; • Leadership skills; • Making decisions; • Public trust and transparency; • Responsibilities and powers; • When bad things happen;

League of California Cities

• Working with residents and the media; and

implementing programs and maintaining agency records.

• Working with staff.

The Division of Roles Between Elected Officials and Staff. Elected officials collectively decide policy issues for the agency. The staff is responsible for implementing that policy direction. Having a chief executive or administrator to oversee the agency’s day-to-day operations frees elected officials to focus on big-picture policy issues. It also enables the governing body to hold one individual accountable for the agency’s administration.

Resource Area: Getting Things Done as a Newly Elected Official

Local officials interviewed by ILG about their information needs consistently indicated that understanding “how to get things done as a newly elected official” is a priority. Addressing this issue involves understanding staff roles and how to work with staff. Accordingly, a section of the resource center (www.ca-ilg.org/ working-staff ) is devoted to this topic and covers a number of related areas, including the following. Maximizing the Success of Board-Chief Executive Relations. A positive working relationship between the governing board and the chief executive is essential to a well-functioning organization. The ILG website offers tipsheets for both elected officials and chief executives to optimize the relationship, as well as ideas for communications strategies, the importance of an annual evaluation and more. What Does Staff Do? Public agency staff performs a variety of tasks. Staff responsibilities may include completing analyses, making recommendations to electeds,

Another section of the ILG website (www.ca-ilg.org/working_together) offers strategies for working collaboratively with fellow elected officials. Help Us Help You

The Resources for Local Newly Electeds web page is a work in progress. ILG welcomes suggestions for additional materials, including submittals of orientation materials that have been helpful for your agency. ILG’s funders also need to understand whether these resources are making a difference for local officials. To share resources, feedback and ideas, contact Randi Kay Stephens, program coordinator, Local Government 101; phone: (916) 658-8207; email: rstephens@ca-ilg.org. n

www.cacities.org

Light-emitting diodes (LEDs) are the latest generation of energy-efficient lighting.

Financing Energy Efficiency: Options and Issues to Consider by Yvonne Hunter

Like any investment, efforts to finance energy-efficiency projects benefit from thinking ahead about the pros and cons of different options. For example, what is the best way to pay for the project — through the agency’s General Fund or by working with an energy services company? What are the payback period and return on investment for the different financing approaches? Are financial incentives available that reduce the project’s cost? Is it worth spending more up front for greater energy efficiency to save more money over the long term? The financing options discussed here reflect a starting point for considering individual projects. Involving the agency’s financial, legal and public works staff is always a best practice. Energy-efficiency retrofits cover a wide range of projects, from upgrading water pumps and motors to heating and air conditioning systems to interior and exterior lighting to refrigeration. Identifying the estimated energy and dollar savings per year and over the lifetime of the project, the cost of the project, possible rebates or other financial incentives, and the payback period can help decide which approach is appropriate for the agency. Factoring in avoided maintenance costs is critical too. For example, installing high-efficiency light-emitting diode (LED) lamps and fixtures can reduce maintenance costs and produce energy savings because LEDs last longer, require less frequent maintenance and use less energy than other types of lighting. continued on page 28 Yvonne Hunter is co-director of the Sustainability Program at the Institute for Local Government (ILG) and can be reached at yhunter@ca-ilg.org. For more about ILG, visit www.ca-ilg.org.

www.westerncity.com

Western City, November 2012

GASBâ&#x20AC;&#x2122;s New Defined Benefit Pension Standards: Sunshine or Rain for Cities? by Eric S. Berman

Municipal government is in the midst of profound economic change. Some of this change may be attributable to the cost of defined benefit post-employment benefit programs, which have never been the most transparent operations. Yet costs for defined benefit post-employment benefit programs seem to rise annually unabated. With some municipal governments either in or on the verge of bankruptcy, due in some cases to the spiraling costs of post-employment benefits, the release of new defined benefit pension standards by the Governmental Accounting Standards Board (GASB) could not have come at a better time or a worse time, depending on oneâ&#x20AC;&#x2122;s point of view.

Eric S. Berman, MSA, CPA, CGMA, is principal of Brown Armstrong Accountancy Corporation and can be reached at eberman@bacpas.com.

League of California Cities

www.cacities.org

- Employment Law How important are these new provisions? California State Controller John Chiang remarked in a speech to the Association of Government Accountants professional development conference on Aug. 1, 2012, that California’s defined benefit pension issues pose the second biggest challenge in the state for the foreseeable future, behind the spiraling costs of post-employment health care and ahead of invigorating best practices for local governments.

Key Elements of the New Standards Important aspects of the new standards for pensions (and in a few years, other post-employment benefits including health care) include: • The actuarially required contribution (ARC) becomes a decision point for funding rather than an accounting element that defines benefit expense. GASB defines the ARC as “the employer’s required contributions for the year, continued on page 21

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Los Angeles | San Francisco | Fresno | San Diego Western City, November 2012

Make Volunteer Programs a Financial Asset, Not a Liability by Helene Leckman Leichter

H Seek Professional Advice Financially challenged cities, in the midst of layoffs and other cost-saving strategies, still want to provide quality services. Volunteers typically help meet these service demands by performing simple tasks, such as shelving books and staffing information desks. However, with deeper budget cuts in place, volunteers are also performing more physically and intellectually demanding functions: building park structures, issuing parking citations and performing data entry and other information technology work.

Reasons for volunteering have also changed. Traditionally volunteers are retirees looking to give their time and skills back to their community. As difficult economic times have resulted in a tight labor market, volunteers are now also interested in gaining new job skills and professional contacts. Expanding service needs and changing volunteer expectations result in volunteers performing work with a much higher degree of potential liability, including using power tools, driving automobiles, handling cash and credit cards, working with confidential computer information and interacting with children. For example, the City of La Mirada uses volunteers to rehabilitate substandard housing for people with disabilities and elderly residents; the city provides power and gardening tools, housecleaning supplies and transportation. In La Mesa, volunteers use their own vehicles to transport seniors to appointments and shopping, with La Mesa providing mileage reimbursement and secondary liability insurance. In Long Beach, volunteers

This article is not intended to provide an exhaustive survey of all laws and regulations applicable to government volunteers, particularly those performing fire and police functions, nor to serve as legal advice. Consult your legal counsel regarding your agency’s specific situation.

help maintain and beautify parks, pick up trash and perform landscaping maintenance. Using volunteers should augment city services in a financially neutral way. Increased potential liability should not impede this goal. This article provides guidance in identifying potential risks and strategies to reduce liability. Liability Risks Risk in volunteer programs falls into three main categories: • Liability to the public from volunteer activities; • Liability to the volunteer from their own negligence; and • Liability to the agency if a volunteer displaces bargaining unit work. Risk in all categories increases if the volunteer is deemed to be an employee. Payment of monetary compensation is not the

Helene Leckman Leichter is a municipal law attorney practicing in Palo Alto and the former city attorney for several Bay Area cities. She volunteers for the Stanford University Historical Society and serves on the Citizens’ Oversight Committee for the Palo Alto Unified School District. She can be reached at .

League of California Cities

www.cacities.org

Cities use volunteers to perform a wide range of tasks, from shelving library books to cleaning up graffiti.

Using volunteers should augment city services in a financially neutral way.

sole factor in determining employment status. Compensation may also include discounts, provision of insurance, room and board and other tangible benefits. Controlling a volunteer’s performance — for example, having a public works supervisor directing the installation of a playground — may also transmute a volunteer into an employee. Liability to the Public General Tort Liability. If a volunteer injures a member of the public, it is unlikely a city will have to pay damages unless the volunteer is deemed to be an agent or employee of the city. Because of the strong public policy encouraging volunteerism, the acts or omissions of volunteers should not be the basis for tort liability against a public agency. One court has stated that this policy “protect[s] against the serious drain on limited funds that would result if vicarious liability were permitted to be imposed for the alleged torts of unpaid volunteers.”

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continued on page 25 www.kmtg.com Sacramento | Bakersfield | Roseville | San Luis Obispo | Walnut Creek

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Western City, November 2012

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San Carlos

Adopts Innovative Contracting Techniques to Maintain Service Techniques Service Levels Levels The City of San Carlos (pop. 28,406) is located on the San Francisco peninsula in the heart of Silicon Valley. Like many California cities, San Carlos has faced some serious budgetary challenges in recent years. The economic downturn meant that key revenues, including sales tax and investment income, declined and the formerly dependable year-to-year growth in property tax revenue ceased — but costs continued to grow. The city resolved a $3.5 million structural budget deficit and simultaneously increased services over an 18-month period. This was achieved through a mix of shared services, contract services and becoming a recreation services provider.

Engaging the Community To start the discussion, the city manager and department head team developed an overview of the city’s budget problem. This included the history of the city’s budget, service cuts over the past decade, significant salary and benefit concessions made by city employees and the options going forward. The city conducted a series of public meetings to engage residents and the business community, culminating in two all-day budget workshops held on Saturdays to maximize citizen participation.

At the workshops, representatives from city departments discussed service levels, budget, staffing and challenges. Several residents said that the city should bring the budget into balance with existing revenues. They also believed that the current service levels should be maintained, and they indicated that the method by which the city was able to maintain services was of secondary interest to them.

Examining Options The city manager laid out two options for the city council and the community. One involved more severe service cuts, which could include closing a community center and several parks as well as eliminating the entire Parks and Recreation Department. With this option, the budget would be balanced for another year but further cuts were likely after that.

The other option called for taking a hard look at how the city was delivering services in the three direct service areas that had grown the most: fire, police and parks and recreation. Public testimony indicated strong interest in this option. The city council authorized the city manager and department head team to explore the second option.

Council Sets Goals The city initiated discussions with neighboring agencies and private service providers, based on goals set by the city council after the public workshops: • Reduce annual costs by $3.5 million or more; • Cut police costs by $2 million per year, fire by $1 million per year and parks maintenance by $500,000 per year; continued

The City of San Carlos won the Award for Excellence in the Internal Administration category of the 2012 Helen Putnam Award for Excellence. For more about the award program, visit www.HelenPutnam.org. www.westerncity.com

Western City, November 2012

San Carlos Adopts Innovative Contracting Techniques to Maintain Service Levels, continued

• Provide the same or a higher level of service to the community;

could be reached while maintaining current service levels.

• Reach this goal in a relatively short time (12 to 18 months); and

Police Department

• Provide the city council with two or more alternatives in each service area.

New Approaches Provide Cost Savings And More Services The challenge was to explore alternative service delivery models and discover whether the $3.5 million savings target

Due to the unique nature of police services, the city focused on discussions with neighboring cities and the county. Two neighboring agencies, the San Mateo County Sheriff ’s Office and Redwood City, expressed interest in providing police services and submitted proposals. The city council selected the county sheriff to provide police services in San Carlos, starting Nov. 1, 2010.

“The transition from the city Police Department to the County Sheriff ’s Office was flawless,” says City Manager Jeff Maltbie. “The sheriff ’s deputies are in town all the time. The city saved so much money that it allowed the city council to add more police services.” Because the projected savings exceeded the city’s $2 million annual goal, San Carlos used the savings to add: • A police substation at city hall, with a captain, a sergeant and an administrative secretary, to provide a local police presence in San Carlos;

Key Lessons Learned City staff offers these lessons learned to other communities interested in launching a similar effort. Strive to maintain or even increase your service levels. Residents are most concerned about the level of services provided by the city. If you can demonstrate that services can be maintained or enhanced through shared services, residents are more willing to consider such a change. Establish benchmarks to measure the project’s progress and success. It’s important to set benchmarks on service levels and needed budgetary savings as options for shared services are considered. To be successful, shared service proposals must maintain service levels and deliver real budgetary savings. Look at all options without making assumptions. In some cases, options that seem “outside the box” — a small city serving as a service provider, reinstating a city Fire Department versus a shared Fire Department, contracting with a private firm for landscaping or partnering with a city that is not contiguous to your city — can be the best approaches to shared services.

League of California Cities

Provide multiple alternatives for the city council to consider. The council and the community should be presented with multiple options and choices for shared service delivery. This is especially important when the city service is a highly visible program and provides direct service to residents. It enables the council to explore benefits and impacts of each shared service option. Consider using subject matter experts outside the community. Using a consulting firm with subject matter expertise enables the city council and community to hear from experts who do not have a stake in the options under consideration. This approach also allows a city to consider service proposals from neighboring agencies in a neutral and objective manner. Compare historical revenue and expense patterns. Reviewing revenue and expense patterns over time can be helpful. In San Carlos, expenses for police and fire had grown from 48 percent to more than 62 percent of the budget before the shared and contract services project started. That fact and a chart showing that the cost of public safety services was no longer covered by property tax and sales tax revenues provided strong indicators to the city council and the community that major changes were needed.

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The city increased its level of services to the public while simultaneously reducing costs.

• A traffic enforcement unit; • A Sheriff ’s Athletic League for local youth; and • A resource officer to serve as a liaison with the schools. Fire Department Fire protection services in San Carlos had been provided through a Fire Department shared with another city. San Carlos retained a consulting firm to define future fire services, draft the Request for Proposals (RFP) and provide advice on selecting the future provider. During the RFP process, the city eval uated more than 20 different service options. The city council decided that reestablishing the San Carlos Fire Department, managed by neighboring Redwood City, was the best option. This produced annual savings of approximately $1 million initially and more than $2.1 million projected for the 2012–13 fiscal year. The new San Carlos Fire Department (SCFD) has matched the services of the former shared department. SCFD also provides additional services in the areas of incident reporting, community events and involvement and fire personnel training. In the coming year, a portion ($100,000) of the savings from this approach is being used to purchase additional staff services from Redwood City and explore sharing staff at all levels between the two city fire departments. Parks Maintenance The city prepared an RFP that described the current service levels and work hours of city maintenance crews. Several private firms responded. The council ultimately awarded the work to two contractors who were able to reduce the city’s annual expenses by more than $500,000. San continued

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Innovative Solutions. Enduring Principles. 2355 Crenshaw Blvd., #200 Torrance, CA 90501 800.654.8102 License #0451271 www.keenan.com/pa

Western City, November 2012

San Carlos Adopts Innovative Contracting Techniques to Maintain Service Levels, continued

The challenge was to explore alternative service delivery models.

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Carlos generated additional savings by selling off the city equipment and supplies formerly used for this work unit. “A key ingredient in the success of contracting for parks maintenance services with an outside landscape firm was retaining our senior maintenance workers,” says Parks and Recreation Director Doug Long. “They monitor the quality and performance of the contract services and have ensured our success.”

Conclusion In summary, San Carlos has saved more than $4.8 million per year in police, fire and parks and recreation services. The city also increased its level of services to the public while simultaneously reducing costs by using a creative mix of shared services, contract services and providing services to other agencies.

www.uscommunities.org

Contact: Brian Moura, assistant city manager, San Carlos; phone: (650) 802-4210; email: bmoura@cityofsancarlos.org. n

REACHING FOR THE GOLD How To Successfully Prepare For Police And Fire Chief Interviews We are proud to introduce “Reaching For The Gold”, a comprehensive book on how to successfully prepare for Police and Fire Chief interviews. Regardless of your current rank, now is the time to prepare. “If you are in a stage of your career where you are defining what type of leader you want to be…then this book is definitely for you”! — P. LAMONT EWELL Retired City Manager and Past President, IAFC

For more information, go to: reachingforthegold.net

League of California Cities

www.cacities.org

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Display Advertising

Western City magazine’s job opportunity section is the source for job seekers looking for positions in local government. When you place a job opportunity ad in Western City magazine, it will be posted at no additional charge on our website. For rates and deadlines, visit www.westerncity.com and click on the “Advertise” link.

Call Pam Maxwell-Blodgett at (800) 2621801 to place a display (boxed) ad or for rate and deadline information, or email admanager@westerncity.com. Website Job Postings Display ads are posted on our website at no additional charge. But if you miss the deadline for getting your job opportunity

ad into the magazine, you can post it on the Western City website right away. To post your job opportunity ad on our automated website, visit www.western city.com or contact Anita Lopez, administrative assistant; email: alopez@ cacities.org; phone: (916) 658-8223.

Did You Miss the October Issue? Read it online at www.westerncity.com

We are passionate about local government and recruiting talented professionals with an affinity for public service! n n n

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1 Realignment: How Cities Can

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2 New High-Tech Tools Keep

Residents Safe, Informed and Engaged – October 2012

3 The Next Generation of

Economic Development Tools: Community Development Corporations – September 2012

4 How the Second Amendment

Right to Bear Arms Affects the Local Police Power to Regulate Firearms – November 2010

5 Managing More Effectively

With a Strategic Communications Plan – September 2009

Read these articles today at www.westerncity.com

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www.bobmurrayassoc.com

Watch for these Upcoming Opportunities: • Casa Grande, AZ: Police Chief • Concord, CA: City Manager • Marina, CA: City Manager • Menifee, CA: Building Official • University of Oregon: Police Chief • Ventura, CA: City Manager For more information and filing deadlines, please contact: Bob Murray and Associates, 1677 Eureka Road, Suite 202, Roseville, CA 95661 Phone: (916) 784-9080, Fax: (916) 784-1985, E-mail: apply@bobmurrayassoc.com

Western City, November 2012

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Director of Community Development City of Dana Point, CA

Dana Point is home to 33,400 residents and is blessed with nearly seven miles of prominent coastal bluffs and rolling hills along the Pacific Ocean. Located in southern Orange County, the City of Dana Point is fiscally sound and has a strong commitment to customer service. The Director of Community Development will oversee an annual budget of $2.9 million and 21 FTE’s in the divisions of planning, building, code enforcement, and economic development. The City is seeking candidates with proven management or leadership experience, ideally involving coastal issues. A Bachelor’s degree in urban planning, public administration, or related field is required; a Master’s is desirable. Salary DOQ.

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Resumes acknowledged within two business days. Call Bobbi Peckham at (866) 912-1919 for more information. A detailed brochure is available at www.peckhamandmckenney.com. Filing deadline: December 14, 2012.

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» Municipal Finance » Land Use & Planning » Personnel » Public Safety » Public Trust & Ethics » Public Works & Infrastructure » Youth Visit www.westerncity.com and click on “Topics” to read helpful articles that give you both the big picture on statewide issues and detailed examples from cities throughout California.

League of California Cities

CITY MANAGER

City management opportunities of this caliber don’t happen often, especially in communities as welcoming as this one in Ventura County. With a population of 126,414, Simi Valley offers an outstanding lifestyle with proximity to key locations in Southern California. The City Council is seeking a well-rounded and experienced municipal leader to oversee the City’s 2012-2013 budget of $186.4 million with an operating General Fund budget of approximately $64.5 million and 609 budgeted positions. This search will focus on candidates that wish to join the organization for the long-term, have a true passion for public service, and understand the need to continue the highly ethical, transparent leadership that is essential to ensure public trust as well as the delivery of efficient and cost-effective services. The City will offer a competitive salary (DOQ) including PERS Retirement (2%@55) and single-highest year final compensation. Interested candidates should email a comprehensive resume, compelling cover letter, salary history, and 5 work related references to apply@ralphandersen.com. Closing date: November 16, 2012. Confidential inquiries welcomed to Heather Renschler at (916) 630-4900. Detailed brochure available at www.ralphandersen.com.

Ralph Andersen & Associates

Photo/art credits Cover: Chang, Hui-Ju/Shutterstock Page 3: SV Luma/Shutterstock Page 4: Velychko/Shutterstock Page 7: Digital Storm/Shutterstock Page 8: Kurhan/Shutterstock and Blanche/ Shutterstock Page 9: Kharkhan Oleg/Shutterstock Pages 10, 11: Trinacria Photo/Shutterstock Page 12: Mangostock/Shutterstock Page 13, left: Wavebreakmedia/Shutterstock Page 13, right: Spirit of America/Shutterstock Pages 16, 17, 18 (top): Dinadesign/Shutterstock

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www.cacities.org

GASB’s New Defined Benefit Pension Standards: Sunshine or Rain for Cities?, continued from page 11

California’s defined benefit pension issues pose the second biggest challenge in the state for the foreseeable future, behind the spiraling costs of post-employment health care. J

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Fire Chief, Chino Valley Independent Fire District, CA calculated in accordance with certain parameters.” The traditional view of the ARC is that it drives pension costs. However, the ARC bears only a minimal relationship to an employee’s work in exchange for future defined benefits. The ARC will now be a measure of the amount of contributions, rather than benefit expense. • Because the ARC will not be a measure of pension expense, the annual expense will be derived largely from the sum total of an employee’s pensionable work in exchange for benefits that they have earned. The sum total of these expenses, adjusted for demographics and other core assumptions that are embedded in the pension plan of a local government, will now be used to calculate the total pension liability, which leads to the next and perhaps most important point. • For the first time, the net pension liability will be shown on the face of every government’s financial statements. The net pension liability is the sum of the total pension liability less the total amount held in trust for pension benefits. If the total pension liability is less than the assets, then for those few governments that are well-funded this number will indeed be a net asset. • For governments that are members of cost-sharing plans (including county retirement systems) or agent-multiple

The Chino Valley Independent Fire District is known for the delivery of high-quality emergency services to the Chino Valley, including emergency medical and paramedic services, hazardous materials response and urban search and rescue services. The CVIFD is seeking a Fire Chief to oversee seven fire stations housing over 100 professional firefighters an annual budget of $28.7 million and the administrative functions of the department. The Board of Directors is looking for a leader with proven management skills. The new Fire Chief must be an effective communicator capable of earning the trust and respect of the Board of Directors, members of the Department, and the leadership of the cities that the District serves. The ability to relate effectively to elected officials and organizational leaders is a critical skill for this position. The Fire Chief should embrace a leadership approach that values collaboration, and the participation of members of the Department in decisions effecting the operations and policies of the Department. Candidates should possess a minimum of 10 years experience in the fire service with 5 years service at the Chief Officer level, including one year in an administrative capacity. Experience of an equivalent nature will be considered. Candidates should possess a bachelor’s degree in public administration, fire science or a similar field. Other desirable qualifications include a master’s degree and completion of the National Executive Fire Officer program. Experience in administration including special district governance, budget, finance and human resources is also desirable. The salary for the incoming Chief is dependent upon qualifications. The District also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date November 16, 2012.

phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Now recruiting for . . .

Fire Chief

Alameda County

Police Chief City of San José

Fire Chief

San Ramon Valley Fire Protection District Teri Black • 310.377.2612 Joe Brann • 310.265.7479 Steve Parker • 949.322.8794

continued

www.westerncity.com

Western City, November 2012

GASB’s New Defined Benefit Pension Standards: Sunshine or Rain for Cities?, continued

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Employment Opportunity 2013!

Administrative Services Director/ Director of Finance Annual Salary: $148, 056 – $185, 076 Excellent Management Benefits! Executive Recruitment Firm selection in progress. Keep your eyes open for this excellent career opportunity in the growing City of Dublin. EOE. www.dublin.ca.gov

Director of Community Development City of Yucaipa, California — $112,137 – $140,043 The City of Yucaipa is a family oriented community with a population of approximately 52,000, nestled in the foothills of San Bernardino County at an elevation of approximately 3,000 feet. The Director of Community Development is a department head position, reporting directly to the City Manager, and oversees a department budget of approximately $1.8 million, with 9 full-time and 4 contract employees. Position is responsible for the administration of the City’s Planning, Building and Safety, and Code Enforcement operations. To obtain a detailed employment announcement, visit the city’s website: www.yucaipa.org. Apply by November 16, 2012 – 4:00 pm

Community Services Department Director City of Oakland, CA Oakland is the 8th largest city in California. The City enjoys a vibrant local economy and is one of the most diverse cities in the nation. It is a hub for multicultural arts and boasts one of the largest visual and performing arts communities on the West Coast. In 2012, Oakland was named the 5th most desirable place to travel in the world by The New York Times, and it has been named the 2nd “Can-Do City in America” by Newsweek, the 5th Coolest City in the US by Forbes, the 10th Most Walkable City in Nation by Walk Score and the Best Climate in the Nation by Rand McNally. The position: This opening creates an extraordinary opportunity for an experienced local government executive to lead a newly formed Department of Community Services which brings together the City’s cultural and recreation activities, senior services, housing and community support programs, and neighborhood services functions. The successful candidate will be an effective communicator and collaborator with demonstrated leadership to articulate clear vision and direction. S/he will have the ability to work with diverse communities that hold a variety of service delivery needs and interests. Deadline for applications: November 9, 2012. A detailed position brochure is available at www.managementpartners.com. Contact Nancy Hetrick at 408-437-5400 or email search@managementpartners.com for more information.

League of California Cities

employer plans (including large statewide systems like the California Public Employees’ Retirement System, also known as CalPERS), their portion of a net pension liability, expense and other accounting elements will also be shown on their financial statements for the first time. • One of the more volatile and talkedabout elements of pension costs is the discount or interest rate used in determining the total pension liability. This will now be a calculation rather than an estimate. The rate will be a measure of investment return coupled with a 20-year AA municipal bond index rate, depending on when a pension fund is projected to run out of funds to pay for benefits. That point in the future — known as the crossover date — will become very important. The further that day is from today, the higher the discount rate will tend to be and the lower the liability may tend to be, all other assumptions being equal. Many other aspects of the new standards will result in differing effects for

www.cacities.org

The new standards may usher in an era of better decision-making. each government. Pension plans will still administer the pension programs for many governments, including the investment and actuarial calculations. But information will now have to be transmitted to municipal governments to be recorded in their financial statements on a timely basis.

Local Officials’ Perspectives On the Changes Following a discussion about some of these changes, Vice Mayor Margaret McAustin of the City of Pasadena remarked that, in general, she likes the changes as they will show more transparent information for her decision-maker colleagues and constituents. She indicated that the city will not panic over a potentially large liability that it will be reporting for the first time. Rather, she believes the clearer reporting of future pension obligations will help the city come together around the issue and continue to deal conservatively with this economic reality through communication and shared understanding of the true costs of defined benefit plans. Vice Mayor McAustin believes that the new information will more accurately report the costs continued

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General Manager

Mountain House Community Services District Situated in the west side of the San Joaquin Valley, Mountain House is growing into a self-sufficient community offering employment, education, goods, services and recreation all within its boundaries. Mountain House is literally a community coming to life. The General Manager serves as the chief administrative officer and in that role enforces laws, ordinances and Master Restrictions, as well as providing day-to-day management of the organization. Bachelor’s degree required; Masters preferred with at least seven years management experience, preferably with a community services district or municipal government. Salary range is currently under review with competitive benefits.

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Resumes acknowledged within two business days. Call Phil McKenney at (866) 912-1919 for more information. A detailed brochure is available at www.peckhamandmckenney.com. Filing deadline will be in Early December, 2012.

Chief of Police, City of Pittsburg, CA The City of Pittsburg is a culturally rich and diverse community of 63,000 residents, located at the gateway to Northern California’s fabulous 1,000-mile Delta waterways. The City is currently seeking a Chief of Police to oversee a budget of approximately $ 20 million for fiscal year 2012-13 and 91 full-time equivalent employees. The City Manager is looking for a transformational leader committed to community oriented policing. The ideal candidate will be an excellent communicator committed to working with the community and its organizations. A person with the ability to encourage innovation and creativity among members of the department is being sought. Qualified candidates must possess a Bachelor’s degree in criminology, police sciences, or a related field supplemented by five years of broad and extensive experience in all major phases of municipal police work, including at least three years in a responsible management/supervisory capacity. Possession of a Management Certificate from P.O.S.T. is required. Possession of a P.O.S.T. Command College diploma or F.B.I. National Academy diploma is desirable. The salary range for the incoming Chief of Police is $140,724-$179,600 and is dependent upon qualifications. The City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Regan Williams at (916) 784-9080 should you have any questions. Brochure available. Closing date November 19, 2012. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Western City, November 2012

GASB’s New Defined Benefit Pension Standards: Sunshine or Rain for Cities?, continued

of a defined benefit pension, allowing for better decision-making in the future. Mary Lewis, chief financial officer of the San Diego City Employees’ Retirement System, believes that the new standards are a crucial step that is a natural progres-

sion in the city’s continuing pension reform. She indicates that communication will be crucial and agrees with Vice Mayor McAustin that the new standards will bring fiscal reality and transparency to defined benefit pensions. As Lewis was making these observations, a judge in

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CITY OF BENICIA Benicia, a San Francisco Bay waterfront city is known for its small town charm and quality of life. The moderate Mediterranean weather produces dry, warm summers and mild falls and winters. Discover all that Benicia has to offer, and one is sure to have “A Great Day by the Bay!” The new Fire Chief will oversee a proud organization that is committed to serving the community with excellence. The Benicia Fire Department provides a full range of ﬁre FIRE services within its three divisions of Fire and Life Safety/Emergency Preparedness, Fire CHIEF Operations, and Fire Training and EMS. The department operates on an annual budget of over $7.1M with a fulltime staff of 33.

William Avery & Associates Management Consultants 31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030

408.399.4424 The successful candidate will have experience with a complex, full Fax: 408.399.4423 service, metropolitan fire department with a minimum of five years email: jobs@averyassoc.net in a responsible administrative or supervisory capacity. A BA/BS www.averyassoc.net degree is highly desirable. Salary range is $128,520 - $156,216 annually, DOQ. To apply, submit cover letter, resume with current salary, and five work related references (email preferred) to Bill Avery by November 30, 2012. A formal job announcement is available at http://www.averyassoc.net/jobs.

FINANCE DIRECTOR/ CITY TREASURER Annual Salary $113,664 - $142,080 + car allowance and excellent benefits

The City of El Cerrito is seeking a highly qualified professional to serve as its Finance Director/City Treasurer. El Cerrito, a San Francisco Bay Area community with a population of 23,549, is a full-service city with 190 full-time employees and a budget of $45 million. The position is the chief financial officer and reports directly to the City Manager. The ideal candidate is a team-oriented individual; extremely well-versed in all technical, management and political aspects of public finance; a hands-on department head who is creative and collaborative in maintaining a service-oriented, high performing department. The successful candidate will have a thorough knowledge of operational characteristics, services and activities of a public agency financial management system; at least six years of governmental accounting experience (including three years of management and administrative responsibility); equivalent of a B.A. degree in accounting, finance, business administration or related field. Masters degree preferred, CPA desirable.

the City of San Diego denied an injunction sought by organized labor to delay the implementation of a voter-mandated proposition to change the city’s pension structure. The proposition requires new non-police hires to be members of a defined contribution plan rather than the city’s defined benefit pension plan. The City of San Jose passed a similar measure as well.

Looking at the Potential Impacts The future effects of these changes are largely a matter of speculation. For most governments with defined benefit plans, the result may be a large negative net position. But this number’s impact for many governments may depend on what a bond analyst decides. Rating agencies are highly in favor of this transparency and are already adjusting models to present ratings in the future. Some observers have indicated that the new standards could be “the death of defined benefit pensions” in the future. This could not be further from the truth. Rather, the new standards may usher in an era of better decision-making with regard to post-employment benefits. n

Apply by November 19, 2012. Application packet may be obtained from Employee Services, City of El Cerrito, 10890 San Pablo Avenue, El Cerrito, CA 94530 or www.el-cerrito.org. For more information: jobs@ci.el-cerrito.ca.us or (510) 466-5005. EOE

League of California Cities

www.cacities.org

Make Volunteer Programs a Financial Asset, Not a Liability, continued from page 13

Tip: Make sure volunteers are not employees. Adopt volunteer work descriptions; explicitly exempt volunteers from personnel rules and other oversight documents. Provide a volunteer handbook and basic training on how to use equipment, how city operations work and what a volunteer’s obligations are. Make sure insurance policies, including vehicle policies, cover volunteer acts and omissions. Breach of Confidentiality. Volunteers using city computers and paper filing systems often have access to confidential information, including personnel information, addresses of law enforcement officers, criminal history information and utility billing information. Library volunteers often have access to registration and circulation records, which are protected from disclosure. Public agencies may be liable if inappropriate access, misuse or improper disclosure of such information occurs. Tip: Include volunteers in policies that address handling confidential information. Train volunteers to re cognize and handle confidential infor mation appropriately. Abuse of Minors, the Elderly or People With Disabilities. Criminal records checks help identify potential volunteers who may abuse minors, the elderly or those with disabilities. Volunteers involved in the care or security of these vulnerable populations must have their fingerprints taken and cleared by the California Department of Justice (DOJ). The DOJ also recommends fingerprinting those volunteers who do not have direct access but would work at the same sites as vulnerable populations. Finally, even other categories of volunteers may be fingerprinted if the city council adopts a resolution, approved by DOJ, requiring fingerprinting. Tip: Ensure that volunteers who have direct contact with vulnerable populations are fingerprinted. Consider adopting a resolution requiring other volunteers to be fingerprinted. continued

www.westerncity.com

Clarifying volunteer roles, responsibilities and status can help avoid costly lawsuits.

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Director of Human Resources, Commerce, CA The City of Commerce, CA (population approximately 13,000) is located in the heart of Los Angeles County six miles east of downtown Los Angeles. Commerce is seeking a Director of Human Resources. The ideal candidate is a highly skilled, dynamic, approachable, goodnatured, trust-worthy, confident, insightful, highly ethical and reflective human resources professional who enjoys working in a team environment. The City would benefit from a Director who has excellent communication and listening skills, is willing to find solutions to challenging issues, is flexible and open to new ideas and change, willing to compromise, and understands the political environment of City government. In addition, the Director must embrace an open-door management style, and utilize excellent decision making skills. The ability to develop and manage staff effectively and to utilize best business practices is significant to the success of the Director. The ability to develop partnerships, trust, and cooperation with the departments heads will be enable the Director to be successful in the organization. A Bachelors’ degree in human resources, business administration, or a related field is required, along with five years of professional human resources management experience. The salary for the position is dependent on qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date: November 16, 2012 phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Director of Planning and Building City of Oakland, CA Oakland is the center of commerce and trade for the Bay Area with a vibrant local economy. The City strives to maintain a balance between old and new as exhibited by a $350 million revitalization effort to create a multifaceted government center that links historical landmarks with new developments that is underway. Oakland is a mature city that has been able to preserve its abundant natural beauty and holds a wealth of resources and opportunities. In 2012, Oakland was named the 5th most desirable place to travel in the world by The New York Times, and it has been named the 2nd “Can-Do City in America” by Newsweek, the 5th Coolest City in the US by Forbes, and the 10th Most Walkable City in Nation by Walk Score. The position: The Planning and Building Director is a key member of the City’s Executive Team. The successful candidate will bring experience and skills to develop, plan and implement the department’s goals and offer extensive knowledge of principles and best practices in urban planning. S/he will demonstrate strong leadership articulating and implementing the land use vision of the City and actively advocate for the City of Oakland. Deadline for applications: November 9, 2012. A detailed position brochure is available at www.managementpartners.com. Contact Nancy Hetrick at 408-437-5400 or email search@managementpartners.com for more information.

Western City, November 2012

Make Volunteer Programs a Financial Asset, Not a Liability, continued

Liability to Volunteers

Wage and Hour Laws. The federal Fair Labor Standards Act (FLSA) regulates wages and hours for city employees. The act recognizes the importance of encouraging volunteerism without the threat of liability and explicitly exempts volunteers from FLSA coverage if they

Cities may bear liability to volunteers under the same laws protecting regular city employees — wage and hour laws and protection from harassment and discrimination — if volunteers are deemed to be “employees” under those laws.

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CITY OF PIEDMONT

Looking for Footnotes?

The City of Piedmont, with approximately 11,000 residents, is located in the beautiful Oakland Hills, overlooking the San Francisco Bay. A large percentage of the population are long-time residents while younger families are bringing an increased diversity to the community. The Finance/Human Resources Director will lead, direct and have an active involvement in the City’s ﬁscal, human resource and risk management activities. A key aspect FINANCE/ of this role is the extensive outreach HR DIRECTOR and active dialogue with the William Avery & Associates community. Especially important is Management Consultants the ability to present complex ﬁnancial concepts and data in a non- 1 3 /2 N. Santa Cruz Ave., Suite A technical, informative manner that relates to local residents. Los Gatos, CA 95030

408.399.4424 The ideal candidate will have strong finance, accounting and financial Fax: 408.399.4423 modeling skills while operating in a very hands-on and participative email: jobs@averyassoc.net manner. A background of education and experience equivalent to www.averyassoc.net graduation from an accredited university with major course work in accounting, finance, business or public administration or a related field and at least three years of management and administrative experience within a finance or accounting environment is required. To apply, submit cover letter, resume with current salary, and five work related references (email preferred) by November 30, 2012. A formal job announcement is available at http://www.averyassoc.net/jobs.

City Attorney

City of Burlingame, CA Known as the “City of Trees,” Burlingame offers its 29,000 residents an outstanding quality of life. Located on the highly desirable San Francisco Peninsula with a significant shoreline on the Bay, Burlingame has recently celebrated its Centennial. The five-member City Council is seeking a highly ethical City Attorney to provide quality legal advice to the Council, City Manager, commissions and staff. The individual selected will have in-depth knowledge of municipal law and proven experience in a local government agency, particularly in the areas of land use, labor, capital improvements, and CEQA. JD from an accredited school of law and membership in the State Bar of California is required. Salary is DOQ.

League of California Cities

Please send your cover letter and resume electronically to:

A fully footnoted version of this article is available online at www.westerncity.com.

freely serve without the expectation of or actual receipt of compensation and are not otherwise employed by the same city to perform the same type of work. California provides a similar exemption for volunteers on public works projects. Unpaid internships that offer small stipends or benefits, which are common in planning and administrative departments, may run afoul of the FLSA if they pay more than nominal expenses or stipends. Some expenses — uniforms, meals, transportation costs and even health and welfare benefits and minimal stipends — may be permissible if they are not a “substitute for compensation” or “tied to productivity.” In general, stipends should not exceed 20 percent of the cost of hiring someone to fill the position. Tip: Review all internship programs for FLSA compliance. Discrimination and Harassment. Vol unteers are not generally protected by federal and state discrimination and harassment laws unless they are deemed to be employees. To determine employment status, the traditional test under federal law was whether “significant remuneration” was given. This includes pensions, group life insurance, workers’ compensation, access to professional certification and even whether volunteer service usually leads to employment with the agency. However, recent court decisions also look

www.cacities.org

at whether the agency controls and directs the work of volunteers. Under the California Fair Employment and Housing Act, whether a volunteer is an employee is analyzed under California law, which provides that public employment is held by statute. Thus, a court will examine documents governing employment — ordinances, personnel rules and charters — to determine whether a volunteer is entitled to coverage. Tip: Again, ensure city documents specify that volunteers are not employees. Workers’ Compensation Coverage. The definition of an “employee” under California workers’ compensation law is exceptionally broad, but volunteers are exempt from automatic coverage because they do not receive remuneration. However, there are advantages to providing workers’ compensation coverage to volunteers, including that workers’ compensation benefits are often the exclusive remedy for injuries. In order to provide volunteers with coverage, cities must have the city council declare in writing that a person is a “volunteer.” Tip: Adopt a resolution providing volunteers with the exclusive remedy of workers’ compensation for their injuries. In addition, ensure that volunteers sign a waiver of liability, including medical liability. Liability Under Labor Law Cities must “meet and confer” with recognized employee organizations on matters “within the scope of representation” — for example, those decisions and effects of decisions that affect wages, hours and other terms and conditions of public employment. “Contracting out” work that is traditionally done by members of a particular bargaining unit is within the scope of representation. This is true even when bargaining unit work is eliminated and given to non-employees. However, supplementing current work tasks or implementing new tasks is not contracting out because it is not a transfer of bargaining unit work.

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Conclusion

Tip: Volunteer work descriptions and handbooks should clarify that volunteer work will not in fact overlap or displace bargaining unit functions. Actual work performed by volunteers should also be examined.

Cities should review policies and procedures for all unpaid interns and volunteers for risk management and statutory compliance purposes. Clarifying volunteer roles, responsibilities and status now can help avoid costly lawsuits from the public and volunteers in the future. n O

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POLICE CHIEF — City of Eureka, California The City of Eureka, with a population of 28,600 (and another 14,000 just outside city limits) is located on Humboldt Bay, with the Pacific Ocean to the west and mountains and forests to the east, north and south. It is the North Coast’s largest coastal town north of San Francisco and the principal city and county seat of Humboldt County. Eureka has all the amenities of a larger town with a small town atmosphere, including a nearby state university and community college, short commutes, and abundant community events. The Police Chief reports directly to the City Manager and participates as a member of the City’s management team. Responsibilities include oversight of the Police Department’s 84.6 full time personnel, and preparation and administration of the department’s approximate $13 million budget. The ideal candidate will have strong leadership and administrative skills, at least seven years of comprehensive senior level police work, including at least three years of administrative supervisory experience. A Bachelor’s degree in Police Science, Criminal Justice or a related field, or equivalent and a POST Management Certificate are required. A Master’s degree is preferred. For more information regarding this position, salary and generous benefit package, visit www.ci.eureka.ca.gov. or email jschoonmaker@ci.eureka.ca.gov

Merced County Association of Governments (MCAG) Executive Director County of Merced, California | $123,002 - $164,835 Annually, Plus Excellent Benefit Package The City of Merced is conducting the recruitment for the Merced County Association of Governments for the position of Executive Director. MCAG is designated as the Metropolitan Planning Organization, Regional Transportation Planning Agency, Regional Solid Waste Authority, Regional Transit Agency, Continuum of Care Planning and Yosemite Area Regional Transportation System. The Executive Director is responsible for management of all joint powers agencies and implementation of programs and projects by the eleven (11) member board of directors. The successful candidate will be responsible for all staff development and management, budget preparation and administration, reports and presentations on community and economic development, transportation, regional transit system, regional solid waste agency, census and demographic services and the analysis of related data. For further details about this position and to obtain an application, please visit www.mcagov.org. Applicants must submit a cover letter, MCAG application, resume and three (3) professional references. PLEASE NOTE: All application material must be submitted to Personnel Dept, 678 W. 18th Street, Merced, CA 95340, Phone: (209) 385-6822; Fax (209) 388-7108; e-mail personnel@cityofmerced.org. Final filing date: 5:00 p.m. on Monday, December 10, 2012. (Postmarks are not acceptable).

Western City, November 2012

Financing Energy Efficiency: Options and Issues to Consider, continued from page 9

Consider these options and issues related to financing energy efficiency.

General Fund. Using the agency’s General Fund can be the simplest way to pay for energy-efficiency retrofits if the funds are available. The financial benefits accrue more quickly and go directly to the agency. J

Bonds. Some agencies use general obligation bonds to finance major energyefficiency improvements. Because the bonds are repaid from project energy savings, consider requiring performance guarantees as part of the installation contract.

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CITY MANAGER Located at the southern edge of Silicon Valley with a population of about 40,000, this charming community, well known for its picturesque setting, has long been a desirable destination for those seeking a higher quality of life, great schools, superior weather, and the ability to enjoy the abundant amenities offered throughout the Bay Area. This opportunity in Santa Clara Valley will offer a rewarding position in a community that embraces best practices and good governance. The City Manager will oversee a full-service city with a FY 2012-2013 operating budget of $125 million and an operating General Fund budget of approximately $29.1 million with 168.5 authorized positions. The City Council is seeking a top-caliber professional to join a stable and well-run organization to focus on urban planning, sustainability efforts, and a broad range of economic development strategies while continuing to balance and maintain the ﬁscal integrity of the organization in today’s challenging economy. Closing date of November 16, 2012. Electronic submittals to Ralph Andersen & Associates at apply@ralphandersen.com should include: cover letter, comprehensive resume and salary history. Conﬁdential inquiries welcomed to Heather Renschler at (916) 630-4900. Detailed brochure available at www.ralphandersen.com.

Key Tips When evaluating energy efficiency options for a project, consider maintenance costs and lost opportunities to spend the energyefficiency money on a different project. Be sure to compare the financial benefits of the different options being considered. Consult with your energy utility about financial incentives or rebates that can help lower the project’s cost. Consult early to make certain the project meets the eligibility criteria.

Energy Service Companies. Energy service companies (ESCOs) are private companies that provide assessment and installation of energy-efficiency retrofits. The customer pays for the project with the expected savings from reduced energy usage. Typically, when the project cost has been repaid the agency owns the equipment. Important things to consider when evaluating an ESCO approach include

Ralph Andersen & Associates

CITY OF SAN JOSÉ San José, the dynamic “Capital of Silicon Valley,” is home to almost one million residents and is recognized as one of the safest and best-managed large municipalities in the nation. Those who live and work in San José enjoy world class attractions, cultural and performing arts, sports and recreation activities, wineries, and year round festivals and celebrations.

DIRECTOR OF PARKS, RECREATION AND NEIGHBORHOOD SERVICES

The City’s Department of Parks, Recreation and Neighborhood Services’ (PRNS) mission is to William Avery & Associates build healthy communities Management Consultants through people, parks, and programs. The new Director will have 1 solid technical, business, and community engagement skills combined 3 /2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030 with the proven ability to successfully operate within a highly diverse 408.399.4424 ethnic, cultural and socio-economic environment. Fax: 408.399.4423

The ideal candidate will have at least 10 years of increasingly email: jobs@averyassoc.net www.averyassoc.net responsible senior management experience including ﬁve years managing major multi-faceted programs at the executive level. A BS/BA or equivalent experience is required. The salary range is $127,417 - $199,153 annually, DOQ. To apply, submit cover letter, resume with current salary, and ﬁve work related references (email preferred) to Paul Kimura by November 26, 2012. A formal job announcement is available at http://www.averyassoc.net/jobs.

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whether the equipment’s lifetime will exceed the payback period, who maintains the equipment during the ESCO contract, and a performance guarantee to protect the agency if the equipment does not perform as promised.

Utility Financing and Incentives. California’s investor-owned utilities (IOUs) offer public agencies a variety of different financing incentives to help reduce the cost of energy-efficiency retrofits. These include rebates for energy retrofits of lighting, refrigeration, pumps, motors, and heating, ventilation and air-conditioning (HVAC) systems. The rebates help lower the initial cost and shorten the payback period. The IOU energy-efficiency retrofit loan program known as On-Bill Financing (OBF) offers zero-interest loans. Eligible projects must use utility-approved products or technology and be enrolled in a utility rebate or incentive program. The continued

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Fire Chief, Arcata Fire Protection District, CA The Arcata Fire Protection District (AFPD) serves a population of 36,000 along California’s northern redwood coast in the City of Arcata and several unincorporated communities. The District is now seeking a Fire Chief to oversee 3 stations, 35 volunteers, and 19 career staff. Candidates for the position of Fire Chief must possess ten years of progressively responsible experience in municipal fire service, including at least 3 years as a chief officer, and a bachelor’s degree. Candidates for the position of Chief are also required to possess a valid and insurable Class C Driver’s License with firefighter endorsement; CSFM Chief Officer Certificate or National Fire Academy Executive Fire Officer certification; and a current California certification as an Emergency Medical Technician-1, CPR Pro for the Professional Rescuer certification, or the equivalent. Experience in a combination department or with volunteers is desirable, as is significant experience in budget preparation, fiscal management, and personnel regulations and management. The salary range for the Fire Chief position is $98,748-$120,024 annually; placement within the range is dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Regan Williams or Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date November 30, 2012. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Economic and Workforce Development Director City of Oakland, CA Great things are happening in Oakland! Among numerous recent accolades, Oakland was named the 5th most desirable place to travel in the world by The New York Times and the 2nd “Can-Do City in America” by Newsweek. The City is the center of commerce and trade for the Bay Area and enjoys a diverse, vibrant local economy. Local economic drivers include the Port of Oakland, which is the fourth busiest maritime port in the U.S., Oakland International Airport, which has undergone a $300 million Terminal Improvement program, and the former Oakland Army Base, which is engaged in a $400 million revitalization and redevelopment process. In addition, a plan to transform the Oakland-Alameda County Coliseum Complex area creates the opportunity to develop a gateway to Oakland that is a destination in itself. The position: The director of the Office of Economic and Workforce Development is a newly created position that will lead efforts to attract new businesses, retain and strengthen existing business, market to key industries, and strengthen economic development strategies for City neighborhoods. In addition, s/he will oversee opportunities for training, employment and job retention for Oakland residents. The successful candidate will have demonstrated experience providing strong leadership, initiative and drive; interpersonal and cultural sensitivity; and the ability to direct and motivate a diverse staff. Deadline for applications: November 9, 2012. A detailed position brochure is available at www.managementpartners. com. Contact Nancy Hetrick at 408-437-5400 or email search@managementpartners.com for more information.

www.westerncity.com

Western City, November 2012

Financing Energy Efficiency: Options and Issues to Consider, continued

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Assistant Director of Finance City of Fairfield, CA

The City of Fairfield is seeking a dynamic individual with a thorough understanding of municipal finance to serve as Assistant Director of Finance for a well-regarded, stable, and award-winning Finance Department. With a population of 106,440, Fairfield is the county seat of Solano County and its 2012/13 budget is $235 M, with a general fund of $60 M. The Assistant Director of Finance will report to the Deputy City Manager/Director of Finance. Depending on the selected candidate’s experience and skill set, the intent is to provide a career development opportunity for this person to promote into the Director of Finance position. The Finance Department is organized into the following divisions: Accounting; Budget; Financial Services; and Information Technology. The ideal candidate will have demonstrated governmental finance experience, a management background, and the ability to work well with individuals at all levels of the organization. Bachelor’s degree required, Master’s preferred. Salary is currently under review with excellent benefits.

Please send your cover letter and resume electronically to:

New opportunities . . . Assistant City Manager City of Redwood City

Development & Resource Management Director (Community Development Director) City of Fresno

Financial Controls Bureau Manager City of Long Beach

Director, Office of Management & Budget

City of Palo Alto

Teri Black-Brann • 310.377.2612 Carolyn Seeley • 949.487.7606

utility may wish to inspect the project before and after the upgrade or retrofit is installed. Agencies pay back the financed amount with the energy savings that result from the project, which are reflected on their monthly utility bill. Payments are usually less than the estimated monthly dollar savings. Information about OBF is available from each utility. While not strictly an energy-efficiency financing option, the utilities also offer voluntary programs that pay customers to reduce or curtail energy use during peak demand periods. Some utilities also offer free retro-commissioning on larger buildings. Retro-commissioning evaluates existing equipment to make sure it performs as originally designed and thus works efficiently with newer equipment.

Revolving Loan Funds. Revolving loan funds, where the net savings from a project are used to fund future projects, provide an ongoing funding stream for subsequent energy-efficiency retrofit projects. Some agencies direct 100 percent of net savings to the revolving fund, while others split the net savings between the revolving fund and other uses, such as the agency’s General Fund. State and Federal Sources. The State of California and the federal government frequently offer grants and free- or low-interest loans to finance energy-efficiency projects. The online search tool, CoolCalifornia Funding Wizard (www. coolcalifornia.org/funding-wizard-home), helps identify grants, rebates, tax credits and other financial assistance from state, federal, utility and other sources.

Other Approaches. Local officials may want to examine other approaches to financing energy efficiency. For example,

League of California Cities

www.cacities.org

one city department provides energy assessment and financing services for other departments, charging a 3 percent surcharge per project. After the cost of the retrofit and surcharge is repaid from the energy savings, the host department receives 100 percent of future savings. Bond pooling programs, such as the one offered by the California Statewide Communities Development Authority (see “A New Approach to Financing

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Energy Efficiency” on page 7), provide another way to finance energy efficiency.

More Resources Online

Conclusion

For additional information and links to related resources, read the online version of this article at www.westerncity.com.

In today’s difficult economic times, spending taxpayers’ money wisely is critically important. Investing in energy efficiency to save money and resources offers local officials opportunities to do just that. n

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William Avery & Associates, Inc. Labor Relations / Executive Search / Management Solutions 31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030 408.399.4424 Fax: 408.399.4423 email: jobs@averyassoc.net www.averyassoc.net

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Western City, November 2012

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Thank you to our 2012

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Herum\Crabtree Attorneys Hill International2 Holliday Rock Company Kinsell Newcomb & De Dios Inc. Library Systems & Services LLC Management Partners Morley Brothers LLC Bob Murray & Associates National Community (National Core) Neoteric Entertainment Inc.2 PARS/Phase II Pacific Code Compliance2 Piper Jaffray2 Quad Knopf2 Regis Homes2 Janice Rutherford for Supervisor2 San Bernardino Police Officers Association ServePro2 Solution Strategies2 SummerHill Homes2 TY LIN International Urban Housing Group2 Zarc Recycling2

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Partial list as of 10/1/2012